Home Blog Bail Bonds What Happens If You Bail Someone Out and They Go Back To Jail? Post Image

July 11, 2024  |  Posted by jesse  |  Bail Bonds

When you pay bail for someone, you put faith in them showing up to court as agreed. By upholding their end of the bargain, that person can either secure back the full bond amount or save you from having to pay more than a set percentage fee to a bail bondsman. 

But, what if you bail someone out and they go back to jail? This can happen if they fail to attend court, or if they commit a further crime while out on bail. This secondary arrest will mean breaking their end of the bail bargain, and you may have concerns about what would happen to your money or bail bond agreement in that instance. 

In this article, we’ll look at what exactly happens if you bail someone out and they go back to jail, as well as the best ways to handle it. 

Going Back to Jail After Being Bailed Out: Is It Possible?

When you bail someone out of jail, you secure their pre-trial release. But, is it possible for a defendant to return to jail after being bailed out? The simple answer is yes. There are a few different scenarios where someone who has been bailed out can return to jail. 

The court will warrant a new arrest any time a released defendant breaks their bail conditions. These conditions are the agreement you make with the court when you pay bail for someone. In California, these conditions could include – 

  • Travel restrictions
  • Wearing a SCRAM device
  • Regular check-ins
  • House arrest
  • And more

If a defendant fails to attend their court date, they also break the conditions of their bail and will need to return to jail. A defendant will also face re-arrest if they commit a further, unrelated crime during their bail period. If this happens, the court will likely also revoke bail for the initial crime. 

The Consequences of Bailing Someone Out and Their Returning to Jail

When a judge sets bail, they do so as an assurance that a defendant will appear on an arranged court date. When you pay bail for someone, you’re committing to that agreement, either directly with the judge or with a bail bondsman. If the defendant appears in court as promised, you or your bail bondsmen will then receive that paid bail back in return. 

However, if a defendant fails to appear in court after you’ve paid bail for them, or they’re arrested again before their court date, they break their agreement with the court. When this happens, the court will likely – 

  • Revoke the bail amount
  • Warrant an arrest for the person in question
  • Set a new, higher bail amount in some cases

When a judge revokes the bail amount, it forfeits any bail you’ve paid directly, which you otherwise would have received back in full. If you’ve used a bail bondsman, revoked bail must be paid back to the bond company in full, on top of the standard 10% fee you will have paid upfront. 

Signing a Bond: What if the Person Runs?

Even if you don’t directly bail someone out, any defendant seeking a bail bond will need someone to co-sign. When you sign a bond, even on behalf of someone else, you become liable. This is because, by signing, you’re giving written confirmation that you vouch for, and take responsibility for the person in question. If that person then appears in court as agreed, you won’t need to pay anything or do anything further.

One of the biggest risks in signing a bail bond comes if the person then runs, as this breaks the conditions of their bail. If this happens before a trial date on a bond you’ve signed, you become responsible and will be legally required to pay that money back in full to the relevant company. 

Though it’s natural you’ll want to co-sign a bond for your loved ones, it’s important to think carefully before you do so. Only sign a bond for someone you know to be trustworthy, who is certain to attend all relevant court dates. Otherwise, you could end up having to pay a large amount of money. Signing a bond for someone who is a flight risk may also harm their case in the long run, meaning that it’s rarely a wise option. 

Posting Bail: Can You Bail Someone Out A Second Time?

If a defendant is arrested again after you’ve bailed them out, it’s unlikely a judge will set another bail amount. This is true even if the crime is unrelated because the person has revealed themselves to be a risk. Even if another bail amount is set, it will likely be much higher than the first, regardless of whether or not the crime is less severe. 

While you can technically pay bail again if an amount is set, it isn’t always wise to do so. For one thing, if the person is arrested again, you will need to pay both amounts of bail in full. When using bail bond companies, you may find that many will be reluctant to pay a second bail amount. 

It’s also worth considering whether posting bail again will be best for the sake of the defendant. While a crime from a second arrest will be handled separately, breaking the terms of any bond condition can damage their trial prospects. So, if you post bail again and they commit another crime, it could significantly compromise any existing cases. 

Ease the Pressure With Balboa Bail Bonds

In an ideal world, you would always receive your money back in full after bailing someone out. However, if that individual is arrested again for any reason, or if they prove themselves a flight risk, there’s a chance you’ll lose your money upfront. 

That can lead to a lot of financial strain, but it’s a worry you can ease with Balboa Bail Bonds. As well as helping to make a defendant’s bail conditions clear to them upfront, we can help you with affordable financing plans, no matter what happens. 

Paying bail for someone is an act of faith. Start as you mean to go on by putting your faith in Balboa Bail Bonds when you contact our team today.